1985 Supreme(Raj) 398

RAJASTHAN HIGH COURT AT JAIPUR BENCH
G.M.Lodha, J.
Union of India - Appellant
Versus
Ram Bharose Lal - Respondent
S.B. Civil Second Appeal No. 335-A of 1973.
Decided On : 21-03-1985

Even in cases of minor penalty, an order imposing penalty should give reasons for the same, and in cases of bribery, the delinquent employee should not go scot-free simply because a reasoned order was not passed.

Headnote:

Minor Penalty - Employee Misconduct - The court held that even in cases of minor penalty, an order imposing penalty should give reasons for the same, allowing the delinquent employee to apply his mind, file an appeal, and challenge it in the proper form. The court also emphasized that in cases of bribery, the delinquent employee should not go scot-free simply because a reasoned order was not passed, and allowed the Railway to proceed afresh by passing a fresh order in a manner required by law.

Fact of the Case:

The delinquent employee (plaintiff) was punished by minor penalty for demanding bribe. The Union of India (Western Railway) appealed, arguing that it was not necessary to give detailed reasons in the communication conveying the minor penalty.

Finding of the Court:

The court rejected the argument that detailed reasons were not necessary for minor penalties and held that even in cases of minor penalty, an order imposing penalty should give reasons for the same. The court also allowed the Railway to proceed afresh by passing a fresh order in a manner required by law.

Issues: The principal point submitted was whether detailed reasons were necessary for a minor penalty and whether the defendant should be allowed an opportunity to pass a fresh order according to law.

Ratio Decidendi: The court emphasized that even in cases of minor penalty, an order imposing penalty should give reasons for the same, and in cases of bribery, the delinquent employee should not go scot-free simply because a reasoned order was not passed.

Final Decision: The appeal was partially accepted to the extent that the Railway was allowed to proceed afresh by passing a fresh order in a manner required by law.